If I were to sue EB Games........

[jdangerc]

I have had a problem with EB Games for the past 3 years. Here is the major problem. When I pay for a new sealed game, they grab a case from the shelf, pull an opened game from the drawer and put a sticker on it. I have a problem with it because sometimes the game is scratched. How is this a new game? I am from Kentucky. According to Kentucky State Law, Electronics and Software that are "Factory Sealed" can be sold as new. ANYTHING, and I mean ANYTHING that has the security seal or factory seal broken is used. Which means you have to sell it as used. Which means if someone at lets say, Best Buy,opens a piece of software that is factory sealed they have to sell it as an opened or returned item. Now here is where the suit comes in. Have any of you had any of these problems at EB Games? If so would anyone join me in a class action suit? Has this happened in any other states besides Kentucky. I have done alot of reasearch on this problem. I have contacted the Kentucky State Office of Consumer Sales about this problem, and they seem to agree with me about this whole situation. Do any of you?

[TJordan522]

I agree. They do it here in NJ too.

[pimpinc333]

I agree with it but taking it as high as to sue them. What would you get out of this? A new game? But it could help EB stop selling games that way though.

Good luck to ya.

[minqqq]

you ever notice some games that are sold as new that have the cheap shrink wrap, not the regular plastic on them? kinda fishy eh?

[jdangerc]

I just want them to pay for all court cost that this will have, and for them to change their rules on selling games. I feel that I am getting ripped off. They are a multi-million dollar company, you think that they could afford to sell opened games as used. Or atleast buy display boxes, so they do not have to open new games. I know I am not the only one out here getting ripped by EB Games.

[Knewlio]

Why do you allow yourself to be ripped off, if it bothers you so much? Take your business elsewhere.

[Xphyle]

Puhl-lease! When EB gets new games in, the put most of em in the back room or a glass case, then they "gut" some of them to put on display. They certainly aren't going to put the full game out on the wall for someone to steal. The open the game, pull out the disk, throw it in a drawer and put the case out on the shelf so customers know they have the new game in stock. IT'S JUST HOW EB WORKS. DEAL WITH IT. Of course, they sell all the sealed copies first, but eventually, someone's gonna get the last one, which is the opened display copy. The remove the new, never used disk from their drawer/sleeve/whatever from behind the counter and put it in the case and then put that sticker on it.

Don't like it, shop somewhere else.

Xphyle

[Machine]

EB and Gamestop have been doing this for a long time. People have been complaining about it for a long time. I doubt you will get anywhere with this. The stores take always remove the disks from the cases of display copies to prevent shoplifting. They are protecting themselves from shoplifters and you want to penalize them for it. If you don't want the display copy - don't buy from them. Walk out of the store and buy somewhere else instead of crying about it later.

I am very interested in this law that you are talking about - can you furniish the specific section of Kentucky law that you are referring to? What does it say about electronics and software that never had a factory seal to begin with?

[hollowfreak]

Yeah, Gamestop does that also. Stuffing a "new" case with a disc in a sleeve and a manual. I'll admit the first time it happened to me it pissed me off too. Fortunately there were no scratches ... if there were I'd have to sue their asses! :wink:

[dafoomie]

My EB doesn't do that... I wouldn't shop anywhere that did.

[Mr_hockey66]

I would happened to me twice. Baught a new copy of buffy the vamp slayer. Disc was crathed and they didn't even give me a new case just a plain green one! Then I baught mark of kri and it was in the fake shrink wrap and it didn't even work! Those bastards. But yes where do I sign. Good luck with all that to. They should be sued over it.

[Indiana]

The easiest answer is to refuse to buy the display copy. If everyone did this they would change their store policy and sell them as used.

I never buy a display copy unless it is some awesome bargain...
(the only one I bought was NCAA 2003 for $2.99)

[Follandboy]

I am not a lawyer or anything, but from your information, I think you have grounds for legal action. If the price tag says that the game is new, that means that it should not have been opened. Grocery stores do not put empty ceral boxes on thes elves and refill them at check out and call it new cereal. There are easier ways to deal with shoplifting rather than sell their customers games that are not new. If you happen to get the last copy and have to get the display case, you deserve to be told that the disk is new, but the overall product is not. Because of this, the buyer deserves a discount. I am sending this to ebgames help right now.

[Follandboy]

I have just sent the following email to customer support at Ebgames:

Myself and several others have purchased games from your stores which are advertised on the shelf as being new. When we have taken the case to the desk, a disk is pulled out of a drawer and put in to the case and a sticker is placed on this. How can this be "new". According to some state laws, Electronics and Software that are "Factory Sealed" can be sold as new. Anything, that has the security seal or factory seal broken is used. Which means you have to sell it as used. It seems as though this is against the law and the customers of your stores are getting ripped off. I understand that this is a way to stop shoplifting, but there are other ways to do this than to take advantage of honest customers. I am wondering, how to can do this and what legal grounds you have on selling these opened games as New?

Thanks

I encourage anyone else that is mad with this polocy does the same.

[Scrubking]

Yeah, EB has some shady practices. I ordered from them online a few days ago and I decided I wanted to cancel so I could redo my order. I called to cancel less than an hour after making the order and the lady tells me that they can't cancel the order cause they put the sticker on the box. WTF?? How about you throw the box in the garbage and cancel the order? I worked in a warehouse before so that is bullshit. I guess they think that you are more likely to keep the order if you get it at home.

[punqsux]

i dont understand why eb just dosnet get empty boxes of the games...i mean toys r us does it, so it cant be that hard...

[supermariomelee]

i dont understand why eb just dosnet get empty boxes of the games...i mean toys r us does it, so it cant be that hard...

Or just do what they do with pre-orders and just put cardboard boxes out. That way they don't have to gut them.

[ragepower]

"i dont understand why eb just dosnet get empty boxes of the games...i mean toys r us does it, so it cant be that hard... "

Because its extremely expensive, and because the profit margin on new games is pretty much nothing. When EB buys games from the companies like EA, Sony, etc... they are paying 36 dollars, for a 39.99 game. After shipping costs they are making maybe 2 dollars a game. Why do you think they always try to add on strategy guides, or have you purchase a used copy. If you have a problem with them giving you the last copy. Then just Don't buy it.

[Cornfedwb]

I am not a lawyer or anything, but from your information, I think you have grounds for legal action. If the price tag says that the game is new, that means that it should not have been opened. Grocery stores do not put empty ceral boxes on thes elves and refill them at check out and call it new cereal. There are easier ways to deal with shoplifting rather than sell their customers games that are not new. If you happen to get the last copy and have to get the display case, you deserve to be told that the disk is new, but the overall product is not. Because of this, the buyer deserves a discount. I am sending this to ebgames help right now.

A. You have the right to refuse the sales when you are aware they are giving you the display copy.

B. There is no law clearly defining when a video game is used and when it is new.. however, a court is very likely to agree with EB's argument that a game that has never been in a console, is still new.

C. At what point did the overall product not become new? The disc has never been in a console, the manual has never been read, the case has barely been handled. The same basic level of newness would be your average game at a retailer such as Best Buy that leaves their games on display.

D. Use this for instance: An auto parts retailer (such as Autozone, Pep Boys or the like) has parts boxed on shelves. A customer comes in, asks to see a MAF for a 96 Mustang. The parts counterman gets said part from the back, removes it from the box and hands it to the customer for their inspection. For whatever reason, the customer does not purchase said part and the part is returned to its now-open box and replaced on the shelf... Now, when you come in to purchase a MAF for a 96 Mustang, should you pay 1/2 price because once the product has left its box it is now used?
Obviously not, and this is basically the exact same situation, except here the customer has handled the product, and in the particular situation we're dealing with at EB, no customer has handled the disc.

edit - Forgot to finish my thought... There is no basis for a lawsuit here. Every legal amatuer can come out and try to explain how these games are not "new".. however, you'd be wrong. The best you could hope for is to have EB give you a free game for your bitching. And people, stop being so f'ing anal about things.. if you want your precious shrinkwrap, refuse that copy and go buy it somewhere else. Stop bitching about it here.

[screwkick]

Why do you allow yourself to be ripped off, if it bothers you so much? Take your business elsewhere.

I agree. There are way to many store options these days to put up with that crap. Besides, I've found that EB usually has the worst prices.

[Follandboy]

The bottom line is that a game that is opened is not NEW! There is no way around it.

[argyle]

I agree 100% w/ Cornfedwb on this one. Just because the shrinkwrap has been removed doesn't make the game used. I'll inspect the "display" copies, just to make sure they aren't scratched, but beyond that I could care less if the pastic is there or not. I have to remove it anyway to play the game.

And like it's been said hundreds of times before, if it bothers you that much shop somewhere else.

[Cornfedwb]

The bottom line is that a game that is opened is not NEW! There is no way around it.

Did you read my example? I realize you may not like them selling display copies as new. But they are new. The bottom line is you're wrong, plain and simple.

[UncleBob]

Here's the problem with EB though

THey don't always just open the copy, put the game in a drawer and throw the empty case on the shelf.

EB employees are allowed to "test" games out, meaning that they can bring the game home for about a week to play as much as they want. All they have to do is return the game in "new" condition. EB then just reseals the game and sells it as new.

And that is wrong.

If the pre-manufactured "Empty Boxes" are so expensive, then EB should stop having 10 or more "pre-order" boxes for every new game printed up *months* before their release. Then, perhaps EB could afford to get the empty boxes printed up for games that they're actually selling. Or they could simply get game manufactures to send them "Display Boxes" as an incentive for EB to carry their products....

[Follandboy]

If EBgames sells New games that are opened then why cant we return games that are opened? Also what is stopping them from selling used games as new? The only way the customer knows that they are getting a New game is that the Shrink Wrap is on it. I will let everyone know what ebgames customer support says, when they reply.

[schultzed]

I really detest EBgames for this reason and its part of why its my goal to get as much out of them as possible . . .

see this thread for my Steel Battalion story

http://www.cheapassgamer.com/forum/viewtopic.php?t=45253

[Cornfedwb]

Here's the problem with EB though

THey don't always just open the copy, put the game in a drawer and throw the empty case on the shelf.

EB employees are allowed to "test" games out, meaning that they can bring the game home for about a week to play as much as they want. All they have to do is return the game in "new" condition. EB then just reseals the game and sells it as new.

And that is wrong.

If the pre-manufactured "Empty Boxes" are so expensive, then EB should stop having 10 or more "pre-order" boxes for every new game printed up *months* before their release. Then, perhaps EB could afford to get the empty boxes printed up for games that they're actually selling. Or they could simply get game manufactures to send them "Display Boxes" as an incentive for EB to carry their products....

So how can a car dealer sell a car thats been test-driven as new?
How can clothing stores sell clothes that people have already tried on?
How can a sporting goods store sell golf clubs that people have tested on their indoor range?

[Follandboy]

Here's the problem with EB though

THey don't always just open the copy, put the game in a drawer and throw the empty case on the shelf.

EB employees are allowed to "test" games out, meaning that they can bring the game home for about a week to play as much as they want. All they have to do is return the game in "new" condition. EB then just reseals the game and sells it as new.

And that is wrong.

If the pre-manufactured "Empty Boxes" are so expensive, then EB should stop having 10 or more "pre-order" boxes for every new game printed up *months* before their release. Then, perhaps EB could afford to get the empty boxes printed up for games that they're actually selling. Or they could simply get game manufactures to send them "Display Boxes" as an incentive for EB to carry their products....

How do you know this happens?

[The Successful Dropout]

Here's the problem with EB though

THey don't always just open the copy, put the game in a drawer and throw the empty case on the shelf.

EB employees are allowed to "test" games out, meaning that they can bring the game home for about a week to play as much as they want. All they have to do is return the game in "new" condition. EB then just reseals the game and sells it as new.

And that is wrong.

If the pre-manufactured "Empty Boxes" are so expensive, then EB should stop having 10 or more "pre-order" boxes for every new game printed up *months* before their release. Then, perhaps EB could afford to get the empty boxes printed up for games that they're actually selling. Or they could simply get game manufactures to send them "Display Boxes" as an incentive for EB to carry their products....

So how can a car dealer sell a car thats been test-driven as new?
How can clothing stores sell clothes that people have already tried on?
How can a sporting goods store sell golf clubs that people have tested on their indoor range?


good arguement...but with an employee taking a game home to play it and beat it, they're getting everything out of the product that they can possibly get out of it.....by testing a car, golfclubs, or seeing if clothing fits...you're not getting everything that you can get out of those products....thats of course if the "take it home" testing is actually true, which it probably is

[mtxbass1]

I completely agree with Cornfedwb. If you don't like EB, why do you continue to shop there? Nobody is holding your hand saying to do so. If you respond that "EB is the only local store", I call BS. Not to mention that you could order the game online from a number of retailers and not have this problem. You might have to wait for the game a few days (boo hoo), but at least you get your new sealed shrinkwrapped copy. The bottom line is that nobody is forcing you to shop there. If you don't like a store's policies, DON'T SHOP THERE.

[raveneyes]

Here's the problem with EB though

THey don't always just open the copy, put the game in a drawer and throw the empty case on the shelf.

EB employees are allowed to "test" games out, meaning that they can bring the game home for about a week to play as much as they want. All they have to do is return the game in "new" condition. EB then just reseals the game and sells it as new.

And that is wrong.

If the pre-manufactured "Empty Boxes" are so expensive, then EB should stop having 10 or more "pre-order" boxes for every new game printed up *months* before their release. Then, perhaps EB could afford to get the empty boxes printed up for games that they're actually selling. Or they could simply get game manufactures to send them "Display Boxes" as an incentive for EB to carry their products....

How do you know this happens?

Every game store lets it's empoyees take home games, most for 10 days.

~b

[Trakan]

If EBgames sells New games that are opened then why cant we return games that are opened?

This is a very good question. cornfedwb, I would really like to hear what you have to say about this. Does the reason why the game has been opened affect your opinion? Why can't we return games that are opened but new?

[jlarlee]

Here's the problem with EB though

THey don't always just open the copy, put the game in a drawer and throw the empty case on the shelf.

EB employees are allowed to "test" games out, meaning that they can bring the game home for about a week to play as much as they want. All they have to do is return the game in "new" condition. EB then just reseals the game and sells it as new.

And that is wrong.

If the pre-manufactured "Empty Boxes" are so expensive, then EB should stop having 10 or more "pre-order" boxes for every new game printed up *months* before their release. Then, perhaps EB could afford to get the empty boxes printed up for games that they're actually selling. Or they could simply get game manufactures to send them "Display Boxes" as an incentive for EB to carry their products....

So how can a car dealer sell a car thats been test-driven as new?
How can clothing stores sell clothes that people have already tried on?
How can a sporting goods store sell golf clubs that people have tested on their indoor range?

You are comparing apples and oranges there. Different products have different rules with them. I do agree that you are not forced to buy this product and have the option to go elsewhere. but for your car test drive theory. I bought a new car in November and it had 118 miles on it. If the car lasts 118,000 miles that would mean that I just missed out on 0.1% of its life. If an EB employee takes a game and puts 20 hours into it and even if you spend twice as much time with it. You are missing about 33% of its use. In my opinion though as long as the game works getting a display copy would not bug me at all.

[punqsux]

cornfed, your analogies may sound nice, but the fact is that none of them are close to the same kind of market that video game media has.

video games as products are most comparable to cds and dvds.

in the dvd (and game) aspect of this, you have ways of tryigng games out before buying them, rentals (or demos). so there is no need for the "test drive", "trying it on", or "testing clubs"

[roachman313]

Cfwb, your argument against this has no bearing on electronics at all.

This state law that was mentioned is about Electronics not auto parts or automobiles. If you take an auto part out of the box which most of the time is not sealed and put it back in, then you have done nothing to damage that part.

Or if you test drive a car, then you have not damaged that car any. You have added a few miles which you would expect from a car when you buy it new. I have bought a few new cars in the past and the least amount of miles on one was 5.

When you buy a video game, you expect it to be sealed in the case, same as a CD or DVD. I know for a fact that some of the gutted games which are used for display purposes have been used. Employees do get to "rent " them out so that they have experience with the game and so they can talk it up when they sell it. I used to manage a Software ETC, and the company wanted their employees to always have something checked out. So we would take the display copy or even sometimes the new ones out of the back home and try them out and then seal them back up and sell them as new. It happens.

This was about 8 yrs ago and I really never thought much about it at the time. Now I think that there should have been a better way. I will not take a display copy of a game at either Gamestop or EB for this reason.

[evilmax17]

I would support any case against them, because I just don't want them to do it anymore. I don't care if I wouldn't personally see a single dime.

[Cornfedwb]

If EBgames sells New games that are opened then why cant we return games that are opened?

This is a very good question. cornfedwb, I would really like to hear what you have to say about this. Does the reason why the game has been opened affect your opinion? Why can't we return games that are opened but new?

I thought that was relatively obvious. The store can assure you that the game has never been played, nor has the manual been thumbed through. Everything is kept in a controlled environment until such time as you purchase the display copy.

When a consumer has purchased a new copy of a game and takes it home, EB cannot have any assurance the game has not been played. Due to the unscrupulous nature of many young people these days, could not implement a policy allowing the return of opened, un-played games (remember, they tried something close to this once and got bent over daily).

And we should all remember, EB is not the only retailer to sell display versions of products. I've bought display models of multiple items simply because they were the last one left (items such as dinnerware, appliances, etc). I received no discount, and I did not consider the item used in any way. Just because the blender was taken out of its box and set on a shelf for a month does not mean its a used blender.

[Cornfedwb]

This state law that was mentioned is about Electronics not auto parts or automobiles. If you take an auto part out of the box which most of the time is not sealed and put it back in, then you have done nothing to damage that part.


A. My analogies explained how the product could be construed as new, which it can, and legally has been.

B. I would love to see this actual low, I am 99% sure it is being misconstrued by the typical layman who has just enough understanding of legal language to be a danger to himself.

C. You're right, you have not damaged that part, just as EB has not damaged the game when they removed it from its box.

[jdangerc]

***********jdangerc answers your questions***********


A. You have the right to refuse the sales when you are aware they are giving you the display copy.

***A. Your right but why should you pay full price for something that is opened. Its a buisness. It should act like a buisness.

B. There is no law clearly defining when a video game is used and when it is new.. however, a court is very likely to agree with EB's argument that a game that has never been in a console, is still new.

***B.Yes there is a law. Stated by Kentucky State Law. Look it up.

C. At what point did the overall product not become new? The disc has never been in a console, the manual has never been read, the case has barely been handled. The same basic level of newness would be your average game at a retailer such as Best Buy that leaves their games on display.

***C. It became used the moment they opened the box according to the law. I have bought "new games" from them that had scratches on them

D. Use this for instance: An auto parts retailer (such as Autozone, Pep Boys or the like) has parts boxed on shelves. A customer comes in, asks to see a MAF for a 96 Mustang. The parts counterman gets said part from the back, removes it from the box and hands it to the customer for their inspection. For whatever reason, the customer does not purchase said part and the part is returned to its now-open box and replaced on the shelf... Now, when you come in to purchase a MAF for a 96 Mustang, should you pay 1/2 price because once the product has left its box it is now used?
Obviously not, and this is basically the exact same situation, except here the customer has handled the product, and in the particular situation we're dealing with at EB, no customer has handled the disc.

***D. I didn't say anything about auto parts. This is based on software and electronics sales only!

edit - Forgot to finish my thought... There is no basis for a lawsuit here. Every legal amatuer can come out and try to explain how these games are not "new".. however, you'd be wrong. The best you could hope for is to have EB give you a free game for your bitching. And people, stop being so f'ing anal about things.. if you want your precious shrinkwrap, refuse that copy and go buy it somewhere else. Stop bitching about it here.

I think that I speak for alot of people when I say that EB Games has some shady practices. By doing this, I plan to stop some of those practices. :D

[bluekeith75]

i totally agree if you would sell a game on gag or ebay as new and you recieved it unsealed with no security strip you would complain. so why should eb or gamestop be allowed to do this? toys r us, blockbuster etc have display cases why cant they. or invest in security devices like best buy circuit city etc. i bought madden 2005 for my nephew for christmas i bought it new at eb in ohio they gave me an open copy with sticker seal on christmas he opened it and the disc was trashed and would not boot up. i no longer do buss. at eb or gamestop.

[Cornfedwb]

B. There is no law clearly defining when a video game is used and when it is new.. however, a court is very likely to agree with EB's argument that a game that has never been in a console, is still new.

***B.Yes there is a law. Stated by Kentucky State Law. Look it up.


Go ahead and send me a link to this law you keep referring to. If, by miracle, such a law exists.. I'll stand corrected. But I'm sure you're interpreting quite poorly.

[The Successful Dropout]

and how are the display copies new if they're "used" as display copies? :wink:

[Trakan]

If EBgames sells New games that are opened then why cant we return games that are opened?

This is a very good question. cornfedwb, I would really like to hear what you have to say about this. Does the reason why the game has been opened affect your opinion? Why can't we return games that are opened but new?

I thought that was relatively obvious. The store can assure you that the game has never been played, nor has the manual been thumbed through. Everything is kept in a controlled environment until such time as you purchase the display copy.

When a consumer has purchased a new copy of a game and takes it home, EB cannot have any assurance the game has not been played. Due to the unscrupulous nature of many young people these days, could not implement a policy allowing the return of opened, un-played games (remember, they tried something close to this once and got bent over daily).

And we should all remember, EB is not the only retailer to sell display versions of products. I've bought display models of multiple items simply because they were the last one left (items such as dinnerware, appliances, etc). I received no discount, and I did not consider the item used in any way. Just because the blender was taken out of its box and set on a shelf for a month does not mean its a used blender.

When there are scratches on the "display" copies of the disc, I cannot have any assurance that the game is actually new and has not been played, and the manual not thumbed through. That's why I ask, even if the answer if obvious to you.

[repetske]

For all of you that keep claiming that employees take games home and play them, this was once a policy of EB, that employees could check games out and try them and write a small review of features and qualities of the games. This policy ended at least a couple of years ago. They could either check out gutted copies of the games or even something new from case. They were under strict supervisor and not allowed to return the game if it had an time of scratch or mark to the game or the case. I knew of some stores where you had to be careful if you looked at a manual, not to open it flat and put a crease down the spine. After all of that, they would sometimes rewrap the games.

Ever wonder why stuff you get from the website has been rewrapped? It's mainly because some of the big new releases once had up to 10 gutted copies per store. When it came time to send back overstock to the warehouse, stores would rather send back the gutted copies than the copies in the original shrink wrap. They have since taken measures to get more display game cases from the manufacturers, but on occassion, a title still must be gutted in order to display it.

I can't believe all this stupid crap has started a new thread. If you get to the counter and all they have left is display copies, just say you don't want the opened copy of the game. When I was an employee, I would just tell the customer as soon as I realized that was all we had left and ask if they minded getting the opened copy. I was being upfront and gave the customer an easy out. I have seen some employees try to play it off and act like it's not a big deal, but I understand the magic of taking off the shrink wrap and complaining about all the security labels.

I hope this thread dies soon. It's like the hundredth one based on this. Just know that EB is aware that people don't like buying opened products and that's why they ended the return/exchange policy, employee check-out program, started getting display copies from larger manufactureres, and even removed the dreaded shrink-wrap machine from most stores.

[doubledown]

GameStop did the same thing to me. I wanted ESPN MLB Baseball and the only copy left was the "opened" one. It was kinda disappointing, but it was fine.

[CheapyD]

GameStop already had a class action suit against them for this practice.

http://www.gamestop.com/gs/help/classaction.asp

If you don't feel like reading it, the outcome was as follows:

1) GameStop agreed to put a sign up which reads, “All software for video game consoles may have been used and returned in accordance with [store tradename]’s return policy.”

2) They agreed to give out 5% off discounts to those who were affected.

Big whoop.
Chalk it up on the board...frivolous American lawsuit #15,231,123

[jdangerc]

I will gladly fax you a copy of the KRS (Kentucky Revised Statutes) law on Electronics. Give me your fax number. Oh by the way, you are so dead wrong. www.ky.gov You have to request the statements. Like I said I have done ALOT of research on this. :D

[Cornfedwb]

I will gladly fax you a copy of the KRS (Kentucky Revised Statutes) law on Electronics. Give me your fax number. Oh by the way, you are so dead wrong. www.ky.gov You have to request the statements. Like I said I have done ALOT of research on this. :D

PM'd to you now.

[icemanjmw13]

GameStop already had a class action suit against them for this practice.

http://www.gamestop.com/gs/help/classaction.asp

If you don't feel like reading it, the outcome was as follows:

1) GameStop agreed to put a sign up which reads, “All software for video game consoles may have been used and returned in accordance with [store tradename]’s return policy.”

2) They agreed to give out 5% off discounts to those who were affected.

Big whoop.
Chalk it up on the board...frivolous American lawsuit #15,231,123

So should these signs still be up, because I have never seen one in any of the 6 or 7 Gamestops I've been to.

[drsuper23]

As proposed by some on this thread. Whenever I go to an EB or Gamestop and want a game, if said game is being sold to me as new but is opened I just don't purchase it. I do hate the fact that I waste my time only to have them try to sell me an opened box as a new item.
I too work in a retail store. If by any means a customer wants a discount because they're not completely satisfied with the quality or condition of the product we do give a discount with the condition that it's being sold as is. I believe that this would be somehow fair in a lot of instances.

[The Successful Dropout]

what pissed me off recently was when i went to EB a few days ago to pick up Ape Escape Pumped and Primed...I saw 3 display copies on the shelf and figured, well they have 3 copies out, so they must have plenty of sealed copies...wrong...why in the hell would they need 3 copies of this game opened? but the $9.99 price tag made my 5-seconds of anger go away...

[jdangerc]

Hey thanks to all who agreed and disagreed with me. This thread will help me out alot! I will update info to all who are interested. Thanks alot. Now its back to work! :D

[eldad9]

You do have a case when it comes to ordering online (and in fact it would be the kind of case ideal for a class-action lawsuit, since a huge number of customers are affected, but nobody enough to actually consider legal action by himself). But in-store? You see what's going on, and still agree to pay the retailer's price. To buid a case here, you'd pretty much have to prove that the merchandise has been used but is sold as new.

[Stryffe2004]

If you really want to cause trouble, just file and injunction. I did not look at the law, but will take your word for it that opened items cannot be sold "as new" in Kentucky. If they keep doing, file an injunction and aget a court to force them to stop.

As to all the people that say, just don't go there, well what if heh as no other choice. I live in an area where only Gamestop is convenient. There is a Gamerush, but they are still not as specialized as GS and EB. If I had a problem w/ GS (and there are two that are closer than the nearest EB), my only real choice is to go to EB. I would then have to drive about 20 minutes further. The OP may be i a similar situation and should not have to go out of his way because EB is breaking the law.

[Scahom1]

For all of you that keep claiming that employees take games home and play them, this was once a policy of EB, that employees could check games out and try them and write a small review of features and qualities of the games. This policy ended at least a couple of years ago. They could either check out gutted copies of the games or even something new from case. They were under strict supervisor and not allowed to return the game if it had an time of scratch or mark to the game or the case. I knew of some stores where you had to be careful if you looked at a manual, not to open it flat and put a crease down the spine. After all of that, they would sometimes rewrap the games.

Ever wonder why stuff you get from the website has been rewrapped? It's mainly because some of the big new releases once had up to 10 gutted copies per store. When it came time to send back overstock to the warehouse, stores would rather send back the gutted copies than the copies in the original shrink wrap. They have since taken measures to get more display game cases from the manufacturers, but on occassion, a title still must be gutted in order to display it.

I can't believe all this stupid crap has started a new thread. If you get to the counter and all they have left is display copies, just say you don't want the opened copy of the game. When I was an employee, I would just tell the customer as soon as I realized that was all we had left and ask if they minded getting the opened copy. I was being upfront and gave the customer an easy out. I have seen some employees try to play it off and act like it's not a big deal, but I understand the magic of taking off the shrink wrap and complaining about all the security labels.

I hope this thread dies soon. It's like the hundredth one based on this. Just know that EB is aware that people don't like buying opened products and that's why they ended the return/exchange policy, employee check-out program, started getting display copies from larger manufactureres, and even removed the dreaded shrink-wrap machine from most stores.

I agree. EB does not allow employees to take home games, PERIOD. If I hear one more person claim that bullshit again I might go crazy. I don't care if you know somebody who knew somebody who used to work in an EB games store for 2 weeks and bragged that he tried all the games for free. That shit ended 2 years ago.

A solution: simply don't shop there. All you people do is bitch bitch & bitch some more about their trade in prices, "bad" employees, and gutted games. Why the hell do you continue to shop there? Just so you can come home and waste your time telling everybody about your bad experience?

And for those who don't understand why you would open multiple copies of a game for display on a wall...take a marketing class. You'll understand later.

[CheapyD]

Can you imagine a situtation in which you watch a McDonald's employee piss on your hamburger and yet you paid for it anyway and walked out of the store?

This is pretty much the same thing, without the bodily fluids.

[jab315]

I don't ever post here but all this crap of the policy ended two years ago with employees taking games home at EB is not true. At least not in the Central New York Northern Pennsylvania EB District. How do I know I work at one of the stores and they still allow this. Hell I even have a friend that use to work for EB, hes the one that got me the job, he has since moved on to better things but still comes into the store several times a week and hes such good friends with our district manager that hes still allowed to take games home. So don't give me that crap that the policy ended years ago cause I know that many stores allowed it to happen in the past and still do today. Though I will say that if you scratch the game or damage the manual you buy the game and it is enforced. I also agree that no game store should break the seal and then sell it as new. They don't need to open multiple copies of games for display purposes, one would suffice, and that one copy should be sold at a 5-10% discount. If they simply would do something like that then this topic would cease to exist cause if a customer agreed to take it at a discount then they have no legimate complaint about them selling opened games.

[Scahom1]

So by gutting a game, we are in theory pissing on it?

[batman2million]

The same thing happen to me at Gamestop. I was getting Mario Sunshine n he just pulled out the box. i still got the sticker on it!

Lawsuits take a long time and a lot of money. Hope u got that.

[eshbums]

It's rare that I buy "new" games from EB (I mostly go for the used stuff) but I never take the box up with me when I do. Just ask at the desk if they have it in stock. If the guy grabs it from the glass case, he's made a sale. If he starts to wander off into the store to get the case, I tell him never mind if it's opened. They're usually pretty cool about it.

[Cornfedwb]

Can you imagine a situtation in which you watch a McDonald's employee piss on your hamburger and yet you paid for it anyway and walked out of the store?

This is pretty much the same thing, without the bodily fluids.

You can't honestly be comparing the two situations.. can you?

Your comparing the missing plastic shrinkwrap (which quickly becomes trash anyways) with a ruined, unsanitary product. EB removing the plastic from the box and showing the box to their customer base does not in any way ruin the product.

[CheapyD]

So by gutting a game, we are in theory pissing on it?
No, but if a customer sees (or knows) that either is happening, and still willingly buys it, I don't know how they can still complain.

[Cornfedwb]

So by gutting a game, we are in theory pissing on it?
No, but if a customer sees (or knows) that either is happening, and still willingly buys it, I don't know how they can still complain.

Ahh, now I understand the analogy, nevermind my original remark.

[evilmax17]

I think a better analogy would be McDonalds selling you a hamburger that an employee had already taken a bite out of. You haven't sold the burger yet, so by their logic its new. However, upon receiving the burger, you can obviously tell that somebody has done something with it. Would you want to pay the same amount of money for a used burger, as opposed to a freshly wrapped one? What's the difference between a pristine traded in game being sold as used and a "new" game being sold open? About $10-$20, in their eyes.

[Cornfedwb]

I think a better analogy would be McDonalds selling you a hamburger that an employee had already taken a bite out of. You haven't sold the burger yet, so by their logic its new. However, upon receiving the burger, you can obviously tell that somebody has done something with it. Would you want to pay the same amount of money for a used burger, as opposed to a freshly wrapped one? What's the difference between a pristine traded in game being sold as used and a "new" game being sold open? About $10-$20, in their eyes.

Once someone has taken a bite out of the burger (and this is ignoring health concerns).. some of the burger is now missing. You would be paying the same price for less of a product. However, if it was a complete burger, however they were 100% out of wrappers and had to wrap it in a napkin.. I would be ok with that.

When you get a display copy game, you are getting 100% of the product, there is nothing used up, nothing changed from the condition you would receive with a sealed game. The only thing you are missing is the future trash (shrinkwrap).

Basically, its a poor analogy.

[Scorch]

:rofl:

Thanks for the morning laugh.

[mtxbass1]

What's the difference between a pristine traded in game being sold as used and a "new" game being sold open? About $10-$20, in their eyes.


Hardly the case at EB concerning new releases. I constantly see used games marked at 44.99, while a new one retails at 49.99. This applies to almost any brand new title with a retail of 49.99.

[Scahom1]

:rofl:

Thanks for the morning laugh.

Sadly, there will be another one of these stupid rants tomorrow.

[cicada17]

In the past EB also would sell returned copies of games as "new" As an example, I purchased a "new" copy of "Animal Crossing." However, when I got it home I found that the included memory card already had a save file on it. Also, these "new" games have also been sitting in the display system for a month being played constantly.

[RAMSTORIA]

GameStop already had a class action suit against them for this practice.

http://www.gamestop.com/gs/help/classaction.asp

If you don't feel like reading it, the outcome was as follows:

1) GameStop agreed to put a sign up which reads, “All software for video game consoles may have been used and returned in accordance with [store tradename]’s return policy.”

2) They agreed to give out 5% off discounts to those who were affected.

Big whoop.
Chalk it up on the board...frivolous American lawsuit #15,231,123

If it didn't work on Gamestop I doubt it will work for EB. Besides, as others have said, if you don't like it then shop somewhere else.

[hardwo0d]

Yes this is the problem here, someone brought up the fact that they can and will sell trade in games in excellent condition. I know that some of them do this, especially on newer games and games that are high in demand. This is why anything that is not shrinkwrapped should be considered used - no excuses. However, until someone does something they will keep doing it - wll while running up their profits. They've tried pulling this little scam on me and I will only take the game if it is in pristine condition and with a discount (I always get one)

[Slipknot9762]

I've had a problem with gamestop since I walked in there. From what I see there prices are higher than EB, and the people that work there know shit about anything. When I went there over the summer my cousin got a game case only instead of a game, half there used games that i get dont work at all, and they rarely have as much deals as EB does.

[Scorch]

:rofl:

Thanks for the morning laugh.

Sadly, there will be another one of these stupid rants tomorrow.

I don't understand people.. if you don't like it, don't shop there.. it's that simple..

[Nirvanaguy777]

:rofl:

Thanks for the morning laugh.

Agreed this will by far be the funniest thread ive read in awhile.

[willardhaven]

If the store accepted open "new" condition games for refunded returns, I would agree with everyone saying that they are still selling a new game.

However, the store makes it clear in their return policy that a game missing shrinkwrap and its factory seal is no longer "new".

I don't think you need a lawsuit to just say "do you have any copies that are sealed?"

[Kayden]

Yeah, EB has some shady practices. I ordered from them online a few days ago and I decided I wanted to cancel so I could redo my order. I called to cancel less than an hour after making the order and the lady tells me that they can't cancel the order cause they put the sticker on the box. WTF?? How about you throw the box in the garbage and cancel the order? I worked in a warehouse before so that is bullshit. I guess they think that you are more likely to keep the order if you get it at home.

An hour later? I've had orders not ship for days... It figures the only time they're expedient is when they're bending you over the counter. :oops:

[thagoat]

eb does sell used games as new. Especially if the release is only a couple of days old. how do i know? i was told by an e.b. employee.

[Kayden]

I've had a problem with gamestop since I walked in there. From what I see there prices are higher than EB, and the people that work there know shit about anything. When I went there over the summer my cousin got a game case only instead of a game, half there used games that i get dont work at all, and they rarely have as much deals as EB does.

That happened to me too... They had their b2g1 sale and I decided to load up... I got like 6 games for $40 and thought I got a great deal. When I got home the desk-jockey forgot to put one of the games in... fortunately they believed me and gave me another copy.

[MorPhiend]

I am not a lawyer or anything, but from your information, I think you have grounds for legal action. If the price tag says that the game is new, that means that it should not have been opened. Grocery stores do not put empty ceral boxes on thes elves and refill them at check out and call it new cereal. There are easier ways to deal with shoplifting rather than sell their customers games that are not new. If you happen to get the last copy and have to get the display case, you deserve to be told that the disk is new, but the overall product is not. Because of this, the buyer deserves a discount. I am sending this to ebgames help right now.

A. You have the right to refuse the sales when you are aware they are giving you the display copy.

B. There is no law clearly defining when a video game is used and when it is new.. however, a court is very likely to agree with EB's argument that a game that has never been in a console, is still new.

C. At what point did the overall product not become new? The disc has never been in a console, the manual has never been read, the case has barely been handled. The same basic level of newness would be your average game at a retailer such as Best Buy that leaves their games on display.

D. Use this for instance: An auto parts retailer (such as Autozone, Pep Boys or the like) has parts boxed on shelves. A customer comes in, asks to see a MAF for a 96 Mustang. The parts counterman gets said part from the back, removes it from the box and hands it to the customer for their inspection. For whatever reason, the customer does not purchase said part and the part is returned to its now-open box and replaced on the shelf... Now, when you come in to purchase a MAF for a 96 Mustang, should you pay 1/2 price because once the product has left its box it is now used?
Obviously not, and this is basically the exact same situation, except here the customer has handled the product, and in the particular situation we're dealing with at EB, no customer has handled the disc.

edit - Forgot to finish my thought... There is no basis for a lawsuit here. Every legal amatuer can come out and try to explain how these games are not "new".. however, you'd be wrong. The best you could hope for is to have EB give you a free game for your bitching. And people, stop being so f'ing anal about things.. if you want your precious shrinkwrap, refuse that copy and go buy it somewhere else. Stop bitching about it here.

The OP said that Kentucky state law defines an opened box as used. Therefore, EB has to follow the law. But like Cornfedwb said, you do not have to buy it. I just tell them, "No, I want an unsealed copy, not a used one." They have to sell you what you want. They cannot force a used copy into your hands, take your money out of your wallet and then push you out of the store. But I do feel a lawsuit is suitable. Especially if the judge changed it to Class Action. EB and others really need to stop this practice. They say it's to stop theft, but I have known many people who work at these stores and the employees get to take the games home and try them out in many cases. That's usually what is happening.

[willardhaven]

I've been giving this more thought, and I believe that if nobody takes a firm stance against the stores, they might begin to sell used games that appear to be "new" as new.

[PsyClerk]

I don't think you need a lawsuit to just say "do you have any copies that are sealed?"

Hey, that's just a little too easy. What the hell is wrong with you? Plus...lawsuit, dude. Lawsuit.

In all seriousness, if you get an open game, you can open it up right there in the store and inspect it. If it looks used, has a scratch or otherwise isn't up to snuff, hand it right back to the cashier for a refund or exchange. Unless you're buying for collector's purposes (in other words, the game will likely never be unsealed), then how big of a problem is it?

Is now a good time to point out that even sealed games can get scratched or scuffed? (when they pop off the spindle/tab and rattle around during transit)

[MorPhiend]

I don't think you need a lawsuit to just say "do you have any copies that are sealed?"

Hey, that's just a little too easy. What the hell is wrong with you? Plus...lawsuit, dude. Lawsuit.

In all seriousness, if you get an open game, you can open it up right there in the store and inspect it. If it looks used, has a scratch or otherwise isn't up to snuff, hand it right back to the cashier for a refund or exchange. Unless you're buying for collector's purposes (in other words, the game will likely never be unsealed), then how big of a problem is it?

Is now a good time to point out that even sealed games can get scratched or scuffed? (when they pop off the spindle/tab and rattle around during transit)

I've had that happen (with DVD's from ColumbiaHouse mostly). I hate that.

[Mr.Answer]

Basically, its a poor analogy.


Poor analogies seem to be the norm in this thread.

:lol:

maybe someone that worked at a new and used bookstore could come up with a relevant analogy?

[Theenternal]

Can you imagine a situtation in which you watch a McDonald's employee piss on your hamburger and yet you paid for it anyway and walked out of the store?

This is pretty much the same thing, without the bodily fluids.

You can't honestly be comparing the two situations.. can you?

Your comparing the missing plastic shrinkwrap (which quickly becomes trash anyways) with a ruined, unsanitary product. EB removing the plastic from the box and showing the box to their customer base does not in any way ruin the product.

Not to defer from what was meant with the urin comparison, but although urin burgers wouldnt pass health inspections, its actually sterile and is technically sanitary as it doesnt post any health risks.

Just some info, urine is not a toxic waste product and this has been scientifically proven. 95% of urine is water, 2.5% consists of urea and the remaining 2.5% is a mixture of minerals, salt, hormones and enzymes. Toxic substances are being removed from the body through the liver and intestines, through the skin and through the outbreath.

[repetske]

I've been giving this more thought, and I believe that if nobody takes a firm stance against the stores, they might begin to sell used games that appear to be "new" as new.

Not that this thread has any common sense so far, but actually EB would want to sell all of their product as used if they could in order to inflate profit, so I don't think you have too much to worry about.

[PsyClerk]

I've been giving this more thought, and I believe that if nobody takes a firm stance against the stores, they might begin to sell used games that appear to be "new" as new.

Not that this thread has any common sense so far, but actually EB would want to sell all of their product as used if they could in order to inflate profit, so I don't think you have too much to worry about.

This is a good point. EB makes something on the order of almost twice the profit on used games as they do on new ones.

[hutno]

I don't understand why ebgames can't just get extra copies of the covers to stick in cases for shelf display instead of opening games and storing the discs behind the counter.

[Theenternal]

I believe the games need to be sold "used" once its opened, because they do not have any way to guarantee that the disc you are getting iis in the same condition as when they took it out. Since these formats are more prone to damage cleaning supplies/ heat etc could damage the disc beyond a visual inspection. And the game could be returned for another...if it is in stock, but if not its store credit in most situations. Which other users have complained about. And that hastle shouldnt be on the customer,. If the game was naturallly defective before it came out of the package, I woudln't know and I would still blame the store.

If I could be guaranteed that a game was in the same condition as it was before it was opened then I wouldnt think it would be a big deal, (having this guarantee, not one where i have to drive back for a new one) but we know stores can't directy prevent every employee from fingerprinting or lightly scratching the disc.

[Kayden]

I don't understand why ebgames can't just get extra copies of the covers to stick in cases for shelf display instead of opening games and storing the discs behind the counter.

They can sell the display copies... if they just had the extra open box they'd wind up just throwing it away...

That, times how many thousands they would need for every store = HUGE LOSS.

[Theenternal]

I don't understand why ebgames can't just get extra copies of the covers to stick in cases for shelf display instead of opening games and storing the discs behind the counter.

In my area we have a chain of game stores called Rhino, not popular in the south east. And for a lot of their games they use what looks to be like color printouts that they insert in the dvd cases.

[MorPhiend]

I've been giving this more thought, and I believe that if nobody takes a firm stance against the stores, they might begin to sell used games that appear to be "new" as new.

Not that this thread has any common sense so far, but actually EB would want to sell all of their product as used if they could in order to inflate profit, so I don't think you have too much to worry about.

This is a good point. EB makes something on the order of almost twice the profit on used games as they do on new ones.

But the point is that they are opening new games and selling them new. Yes, if they buy a used game from you, then sell it, they are making more money than selling a new game. But if they open a new game and take it home to "test out" and then take it back to the store and sell it used, they would lose money. That's what the OP was about. And if they sold a used game as new (which they do) as the first quote said, they would make even more money.

[willardhaven]

I've been giving this more thought, and I believe that if nobody takes a firm stance against the stores, they might begin to sell used games that appear to be "new" as new.

Not that this thread has any common sense so far, but actually EB would want to sell all of their product as used if they could in order to inflate profit, so I don't think you have too much to worry about.

I don't quite follow what you mean... wouldn't the profit be greater if they sold their used games as new ones?

[JAMMR]

I love when this debate rolls around every couple weeks :)

I personally don't care if the game has never even been taken out of the case... as in drinking, once the seal is broken, the floodgates are open. It's the potential that it was used (put into a console, touched, whatever) that makes it used. I wasn't there for the entire time from open to when I purchased and I sure as hell am not gonna take the word of some pimply faced teen who is just spouting off some scripted lines about "all display copies have never been played"...

"Bottom line" is that there has to be some measure of what makes a game used and the most absolute and concrete measure is the factory seal, or any seal for that matter as you can tell when it is shrinkwrapped with their machine.

I kinda wish games would go the way of DVDs with the separate label seals on the 3 sides of the case. As it is, and with only PS2 and XBox, people can still get discs out from the bottom.

But when all is said and done I doubt there is little reason to get all huffy puffy about it. Just don't buy from EB. Ever. :p

[MrSneis]

Yeah it's a pretty gay practice but what can they do?

On another note, everytime I buy something from ToysRUs I end up with a return or item that has been previously opened and resealed, last time I bought a PSOne combo and someone stole the screen and controller from the package and re-sealed it, I guess I'm a moron for buying it but the seal *was* still intact. Next day when I go to return it some jackass had bought 9 LCD screens leaving NONE for me. sigh, *end rant*

[Rig]

I've read through this thread, and have a few complaints with EB/Gamestop, but none so severe that I would take action against them.

1) It may be a policy of theirs but I know that some EB employees in my area DO take games home and play them, then return them as NEW. I am very good friends with them, and have even went to their houses when playing these games.

2) Their gutted items really piss me off too, so if you don't like it, but them from somewhere else!

3) If they only have a gutted item left, ask to inspect it BEFORE buying it.

4) Some employees don't treat the games as carefully as you would yourself. If they need to handle your disc to place it in the case, and this worries you, ask to do it yourself. I've bought a few gutted games when they were on sale, and I nicely asked if I could put the disc in the case. They thought I was weird, but had no problem with me doing it.

The only things I see wrong is when they rewrap games and sell them as new (which I don't know if they do) and, when they take them home to play, and then return them, even if they are still in pristine condition...

[cthcky33]

it would be much better if there werent display copies at all and they just put all the games on the floor asking to be stolen..... why dont they just have an empty store and keep all the games in back even?!?!

doesnt make much sense people, if you dont want a display copy then go buy it somewhere else

[bluekeith75]

a game is not new if it is not sealed instead of complaining go elsewhere they will eventualy change there policy or go out of bus. has anyone noticed that they sell mvc2 new for 39.99 and used for 54.99. in my opinion eb is worthless.

[eldad9]

Yeah it's a pretty gay practice but what can they do?

You're right. From now on, let's only buy games from heterosexuals.

[eldad9]

In the past EB also would sell returned copies of games as "new" As an example, I purchased a "new" copy of "Animal Crossing." However, when I got it home I found that the included memory card already had a save file on it. Also, these "new" games have also been sitting in the display system for a month being played constantly.

Isn't Animal Crossing _supposed_ to include some kind of extra on the memory card?

[Wshakspear]

In the past EB also would sell returned copies of games as "new" As an example, I purchased a "new" copy of "Animal Crossing." However, when I got it home I found that the included memory card already had a save file on it. Also, these "new" games have also been sitting in the display system for a month being played constantly.

Isn't Animal Crossing _supposed_ to include some kind of extra on the memory card?

If it was an outright save file, no. There is a "special present" file though on each card. it gives you a NES game or two.

[drsuper23]

I've been giving this more thought, and I believe that if nobody takes a firm stance against the stores, they might begin to sell used games that appear to be "new" as new.

Not that this thread has any common sense so far, but actually EB would want to sell all of their product as used if they could in order to inflate profit, so I don't think you have too much to worry about.

This is a good point. EB makes something on the order of almost twice the profit on used games as they do on new ones.

They would make even more if they were able to sell a used product as new as the price for new is almost always more than used. I do understand your point but think about it in that way instead. I trade in a perfect/Mint copy of a game and they would sell it for $5-$10 more than if it was sold used.

[dastly75]

Technically since employees had touched the game disc.....it's soiled......

[punqsux]

Basically, its a poor analogy.


Poor analogies seem to be the norm in this thread.

:lol:


mr. answer, you are the n00b of the week :D

[The Successful Dropout]

Can you imagine a situtation in which you watch a McDonald's employee piss on your hamburger and yet you paid for it anyway and walked out of the store?

This is pretty much the same thing, without the bodily fluids.

wait...so i might not be the only one who pees in my hamburgers?

[cheapass Gundam]

I never buy my new games unsealed, so the only time I bought games from EB or GS is getting used copies of games I missed during launch.

While the idea of a class action lawsuit based on the way the KY law was written might seen extreme, EB did derive something of economic value when they gutted copies of games for either display or "employee home evaluation" purposes. The bottom line is they benefitted from these "new" copies and passed these costs to the end consumer without compensating them (e.g. 5~10% discount). That's a prima facie case of unjust enrichment.

[quaker29]

the comment the thagoat made i'm not sure if that was a joke or if he was serious,
\quote "eb does sell used games as new. Especially if the release is only a couple of days old. how do i know? i was told by an e.b. employee."
working at eb i was always told to sell preplayed over new, because selling preplayed games helps us hit our goal.
anyways this topic is a joke, classaction lawsuit over something as stupid as having a open game. I'm tired of this topic that seems to keep poping up. Just out of curiosity what does the OP expect to get out of it.

[Mr.Answer]

Basically, its a poor analogy.


Poor analogies seem to be the norm in this thread.

:lol:


mr. answer, you are the n00b of the week :D

Noob of the week eh? Is that a compliment or a slam?

[jer7583]

This happens where I work(gamecrazy), but it's because of a store policy. We let people try out anything in the store before buying, to see if they like it. So if there aren't used copies, there are gonna be opened ones that people have tried and played for 5-10 min. Nothing to worry about, it never leaves the employee's hands or goes any farther than the shelf to the display console..